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SCHOENING v. 102 JUTE BAGS

No. 55 of 1955, Admiralty.

132 F.Supp. 561 (1955)

Frederick SCHOENING, 279 St. George Street, Toronto, Canada, Libellant, v. A Shipment of 102 JUTE BAGS (100 lbs. each) OF STANDARD CANADIAN 3R ASBESTOS SPINNING FIBRE, (now on the Ship "American Traveler" on the High Seas bound for Hamburg, Germany), and J. Schoening, 12 Lowther Avenue, Toronto, Canada, Respondent, and United States Lines Company, a corporation, 308 Bourse Building, Philadelphia, Pa.

United States District Court E. D. Pennsylvania.

March 11, 1955.

Attorney(s) appearing for the Case

Elias Magil, John Swartz, Philadelphia, Pa., for libellant.

Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for respondent J. Schoening.

LORD, District Judge.

Respondents have filed peremptory exceptions to the libel for the reasons that:

1. This Court has no admiralty jurisdiction of the subject matter.

2. The facts alleged are insufficient to constitute a cause of action.

We will consider the jurisdictional problem first, for if this Court has no jurisdiction in the matter, any other questions need not be considered.

The libel alleges that 102 bags of asbestos belonging...

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